Full Judgment
1. The petitioner is a trade union. A majority of the workers of the 2nd respondent are members of the petitioner.
2. On 16th May, 1984 the petitioner wrote to the 2nd respondent demanding that the workers named in the annexure to the letter, who had been employed through contractors, should be taken on the Muster-Roll of the 2nd respondent and should be given all the benefits available to its permanent employees. Of the 66 workers named in the annexure, a group of more than 20 workers was shown to be employed for maintaining gardens and other groups of less than 20 workers were shown to be employed for other purposes.
3. On 17th December, 1984 the petitioner's demand was admitted in conciliation, except in relation to the 20 workers employed through contractors to maintain gardens to whom the provisions of the Contract Labour (Regulation and Abolition) Act, 1970, applied. This was made clear in the failure report submitted on 17th April, 1985. On 5th September, 1985 the 1st respondent declined to make a reference of the dispute under the provisions of the Industrial Disputes Act for this reason : 'The demand is regulated by the Contract Labour (Regulation and Abolition) Act, 1970.'
4. This petition impugns the order dated 5th September, 1985.
5. The Contract Labour (Regulation and Abolition) Act, 1970, ('the said Act') applies, inter alia. 'to every establishment in which twenty or more workmen are employed or were employed on any day of the preceding twelve months as contract labour' (section 1(4)(a)). An establishment is therein defined to mean, inter alia, 'any place where any industry, trade, business, manufacture or occupation is carried on' (section 2(e)). Section 10 thereof provides that 'the appropriate Government may, after consultation with the Central Board or, as the case may be, a State Board, prohibit, by notification in the official Gazette, employment of contract labour in any process, operation or other work in any establishment.'
6. The said Act applies to every establishment in which twenty or more workmen are employed as contract labour. It is the aggregate of the contract labour employed in an establishment, though for different purposes or through different contractors, that has to be taken into account in determining whether the said Act applies. Where it applies it is for the appropriate Government to prohibit the employment of contract labour.
7. The 2nd respondent's establishment employs more than 20 workmen as contract labour. The said Act, therefore, is applicable to the 2nd respondent and it is for the 1st respondent to prohibit such employment. It was accordingly, right in declining a reference under the Industrial Disputes Act for the reason that the demand was regulated by the said Act.
8. The petition fails and is dismissed.
9. No order as to costs.